Case: Women's Health Center of West Virginia v. Morrisey

2:20-cv-00293 | U.S. District Court for the Southern District of West Virginia

Filed Date: April 24, 2020

Closed Date: May 7, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: On March 31, 2020, the Women’s Health Center of West Virginia and its patients brought this suit against West Virginia to enjoin the state enforcing the Governor's Executive Order which prevents people from obtaining abortion care during COVID-19. The plaintiffs sought preliminary injunction and a temporary restraining order. On April 28, the defendant announced a new Executive Order which allowed the plaintiffs to resume its operations. With the new order, the plaintiffs volu…

COVID-19 Summary: On March 31, 2020, the Women’s Health Center of West Virginia and its patients brought this suit against West Virginia to enjoin the state enforcing the Governor's Executive Order which prevents people from obtaining abortion care during COVID-19. The plaintiffs sought preliminary injunction and a temporary restraining order. On April 28, the defendant announced a new Executive Order which allowed the plaintiffs to resume its operations. With the new order, the plaintiffs voluntarily dismissed the case on May 6, which the court approved the next day. The case is now closed.


On March 31, 2020, West Virginia Governor Jim Justice issued Executive Order (EO) 16-20 due to the COVID-19 outbreak. The EO was intended to promote public health and safety by limiting movement throughout the state and conserving limited medical resources and personnel. The Order indefinitely banned all "elective medical procedures". EO 16-20 prevented the plaintiff, Women’s Health Center (WHC) of West Virginia, from performing abortions except under extremely narrow circumstances. WHC is the only outpatient healthcare facility in West Virginia that provides abortions. On April 24, 2020, the plaintiff filed this lawsuit in the U.S. District Court for the Southern District of West Virginia. The plaintiff sued West Virginia, the West Virginia Department of Health and Human Resources, the West Virginia Board of Medicine, and the prosecuting attorney for Kanawha County under 42 U.S.C. § 1983 and 28 U.S.C. § 2201.

The plaintiff, represented by the American Civil Liberties Union (ACLU) of West Virginia and private counsel, sought injunctive and declaratory relief claiming violations of the Fourteenth Amendment’s Equal Protection Clause and Due Process Clause. The complain alleged that West Virginia Executive Order 16-20 violated patients’ constitutional rights by prohibiting "elective medical procedures.” Specifically, the way the defendants interpreted the Order prevented the plaintiff from providing abortions unless the patient is at or near the legal limit for medication abortion or the patient is at or near the point after which she could not obtain any abortion. Over 90% of the abortions the plaintiff had scheduled before the Order went into effect had to be cancelled or rescheduled.

On April 20, 2020 the Governor issued Executive Order 28-20, which amended Executive Order 16-20 to allow hospitals and ambulatory surgical centers regulated by the Office of Health Facilities Licensure and Certification (OHFLAC) to submit a plan asking permission to resume urgent elective medical procedures. The plaintiff was not a hospital or ambulatory surgical center and was not eligible to submit a plan.

On April 24, 2020 the plaintiff filed an emergency motion for a temporary restraining order and preliminary injunction to prevent defendants from enforcing Executive Order 16-20. On April 28, 2020, the defendant notified the court of yet another Executive Order 30-20, with an effective date of April 30, 2020. Executive Order 30-20 terminated Executive Order 16-20 for all facilities and health care providers except for hospitals and surgical centers regulated by OHFLAC. Executive Order 30-20 allowed clinics, offices and other facilities operated by or with licensed medical or health care professionals to resume all operations and procedures, including elective procedures. This Order allowed the plaintiff to resume its daily operations and continue to provide abortions.

Because EO 30-20 solved the plaintiff's problem, on May 6, 2020, the plaintiff filed a notice of voluntary dismissal. On May 7, 2020 Chief Judge Thomas E. Johnston entered a dismissal order and the case was dismissed without prejudice. The case is now closed.

Summary Authors

Sabrina Glavota (5/19/2020)

Averyn Lee (9/17/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17100347/parties/womens-health-center-of-west-virginia-v-morrisey/


Judge(s)

Johnston, Thomas E. (West Virginia)

Attorneys(s) for Plaintiff

Amiri, Brigitte A. (New York)

Camp, Susan Talcott (New York)

Parker, Kimberly (District of Columbia)

Prizgintas, Albinas J (District of Columbia)

Schoenfeld, Alan E. (New York)

Stark, Loree Beth (West Virginia)

Watson, Elizabeth Karin (New York)

Wolfson, Paul Reinherz (District of Columbia)

Attorneys(s) for Defendant

Masslon, John Mercer II (West Virginia)

Judge(s)

Johnston, Thomas E. (West Virginia)

Attorneys(s) for Plaintiff

Amiri, Brigitte A. (New York)

Camp, Susan Talcott (New York)

Parker, Kimberly (District of Columbia)

Prizgintas, Albinas J (District of Columbia)

Schoenfeld, Alan E. (New York)

Stark, Loree Beth (West Virginia)

Watson, Elizabeth Karin (New York)

Wolfson, Paul Reinherz (District of Columbia)

Attorneys(s) for Defendant

Masslon, John Mercer II (West Virginia)

Morrisey, Patrick (West Virginia)

See, Lindsay Sara (West Virginia)

Other Attorney(s)

Smith, Nicola Dare (West Virginia)

Documents in the Clearinghouse

Document

2:20-cv-00293

Docket [PACER]

May 7, 2020

May 7, 2020

Docket
1

2:20-cv-00293

Emergency Motion for a Temporary Restraining Order and Preliminary Injunction

April 24, 2020

April 24, 2020

Pleading / Motion / Brief
3

2:20-cv-00293

Complaint for Declaratory and Injunctive Relief

April 24, 2020

April 24, 2020

Complaint
32

2:20-cv-00293

Notice

April 28, 2020

April 28, 2020

Notice Letter
34

2:20-cv-00293

Plaintiff's Notice of Voluntary Dismissal

May 6, 2020

May 6, 2020

Notice Letter

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17100347/womens-health-center-of-west-virginia-v-morrisey/

Last updated Aug. 6, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

EMERGENCY MOTION by Women's Health Center of West Virginia for a Temporary Restraining Order and Preliminary Injunction. (Stark, Loree)

April 24, 2020

April 24, 2020

PACER
2

MEMORANDUM OF LAW by Women's Health Center of West Virginia in support of 1 EMERGENCY MOTION by Women's Health Center of West Virginia for a Temporary Restraining Order and Preliminary Injunction. (Stark, Loree)

April 24, 2020

April 24, 2020

PACER
3

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Filing Fee $400.00. Receipt # AWVSDC-7603949. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet) (ts)

1 Exhibit A

View on PACER

2 Civil Cover Sheet

View on PACER

April 24, 2020

April 24, 2020

PACER
4

MOTION by Women's Health Center of West Virginia to File a Brief in Excess of the Page Limitation. (Stark, Loree)

April 24, 2020

April 24, 2020

PACER
5

EXHIBITS A-C by Women's Health Center of West Virginia in support of 1 EMERGENCY MOTION by Women's Health Center of West Virginia for a Temporary Restraining Order and Preliminary Injunction. (Attachments: # 1 Exhibit B, # 2 Exhibit C)(Stark, Loree) (Modified on 4/27/2020 to correct link) (kew).

1 Exhibit B

View on PACER

2 Exhibit C

View on PACER

April 24, 2020

April 24, 2020

PACER
6

PROPOSED ORDER Temporary Restraining Order by Women's Health Center of West Virginia (Stark, Loree)

April 24, 2020

April 24, 2020

PACER
7

AMENDED CERTIFICATE OF SERVICE by Women's Health Center of West Virginia for Emergency Motion for a Temporary Restraining Order and Preliminary Injunction. (Stark, Loree)

April 24, 2020

April 24, 2020

PACER
8

AMENDED CERTIFICATE OF SERVICE by Women's Health Center of West Virginia for Memorandum in Support of Emergency Motion for a Temporary Restraining Order and Preliminary Injunction. (Stark, Loree)

April 24, 2020

April 24, 2020

PACER
9

SUMMONS SUBMITTED by Women's Health Center of West Virginia for Patrick Morrisey, re: 3 Complaint. (Stark, Loree)

April 24, 2020

April 24, 2020

PACER
10

SUMMONS SUBMITTED by Women's Health Center of West Virginia for Bill Crouch, re: 3 Complaint. (Stark, Loree)

April 24, 2020

April 24, 2020

PACER
11

SUMMONS SUBMITTED by Women's Health Center of West Virginia for Kishore Challa, re: 3 Complaint. (Stark, Loree)

April 24, 2020

April 24, 2020

PACER
12

SUMMONS SUBMITTED by Women's Health Center of West Virginia for Catherine Slemp, re: 3 Complaint. (Stark, Loree)

April 24, 2020

April 24, 2020

PACER
13

SUMMONS SUBMITTED by Women's Health Center of West Virginia for Chuck Miller, re: 3 Complaint. (Stark, Loree)

April 24, 2020

April 24, 2020

PACER

CASE assigned to Chief Judge Thomas E. Johnston. (klc)

April 24, 2020

April 24, 2020

PACER
14

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc)

April 27, 2020

April 27, 2020

PACER

Case Assigned

April 27, 2020

April 27, 2020

PACER
15

ELECTRONIC SUMMONS ISSUED as to Kishore Challa, Bill Crouch, Chuck Miller, Patrick Morrisey, Catherine Slemp, re: 3 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Summons as to Catherine Slemp, # 2 Summons as to Chuck Miller, # 3 Summons as to Kishore Challa, # 4 Summons as to Patrick Morrisey) (kew)

1 Summons as to Catherine Slemp

View on PACER

2 Summons as to Chuck Miller

View on PACER

3 Summons as to Kishore Challa

View on PACER

4 Summons as to Patrick Morrisey

View on PACER

April 27, 2020

April 27, 2020

PACER
16

NOTICE OF APPEARANCE by John Mercer Masslon, II on behalf of Kishore Challa, Bill Crouch, Patrick Morrisey, Catherine Slemp. (Masslon, John)

April 27, 2020

April 27, 2020

PACER
17

NOTICE OF APPEARANCE by Lindsay Sara See on behalf of Kishore Challa, Bill Crouch, Patrick Morrisey, Catherine Slemp. (See, Lindsay)

April 27, 2020

April 27, 2020

PACER
18

MOTION by Kishore Challa, Bill Crouch, Patrick Morrisey, Catherine Slemp for a Scheduling Order. (Attachment: # 1 Exhibit 1)(See, Lindsay)

1 Exhibit 1

View on PACER

April 27, 2020

April 27, 2020

PACER
19

MOTION by West Virginia FREE, Incorporated for Leave to Participate as Amicus Curiae and File a Brief in Support of Emergency Motion with proposed document attached. (Attachments: # 2 Proposed Order, # 3 Certificate of Service, # 4 Proposed Brief)(Smith, Nicola) (Modified on 4/28/2020 to remove memorandum of law attached to motion) (kew).

2 Proposed Order

View on PACER

3 Certificate of Service

View on PACER

4 Proposed Brief

View on PACER

April 27, 2020

April 27, 2020

PACER
20

MOTION by West Virginia FREE, Incorporated for Leave to Participate as Amicus Curiae and File a Brief in Support of Emergency Motion with proposed document attached (Attachments: # 2 Proposed Order, # 3 Certificate of Service, # 4 Proposed Brief)(Smith, Nicola) (Modified on 4/28/2020 to remove memorandum of law attached to motion) (kew).

2 Proposed Order

View on PACER

3 Certificate of Service

View on PACER

4 Proposed Brief

View on PACER

April 27, 2020

April 27, 2020

PACER
21

STATEMENT OF VISITING ATTORNEY from Kimberly A. Parker on behalf of Women's Health Center of West Virginia. Local counsel: Loree Stark. Fee $50.00. Receipt # BWVSDC-7604990. (Stark, Loree)

April 27, 2020

April 27, 2020

PACER
22

STATEMENT OF VISITING ATTORNEY from Albinas J. Prizgintas on behalf of Women's Health Center of West Virginia. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7605014. (Stark, Loree)

April 27, 2020

April 27, 2020

PACER
23

STATEMENT OF VISITING ATTORNEY from Alan E. Schoenfeld on behalf of Women's Health Center of West Virginia. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7605022. (Stark, Loree)

April 27, 2020

April 27, 2020

PACER
24

STATEMENT OF VISITING ATTORNEY from Paul R.Q. Wolfson on behalf of Women's Health Center of West Virginia. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7605028. (Stark, Loree)

April 27, 2020

April 27, 2020

PACER
25

STATEMENT OF VISITING ATTORNEY from Elizabeth Watson on behalf of Women's Health Center of West Virginia. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7605053. (Stark, Loree)

April 27, 2020

April 27, 2020

PACER
26

STATEMENT OF VISITING ATTORNEY from Susan Talcott Camp on behalf of Women's Health Center of West Virginia. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-7605057. (Stark, Loree)

April 27, 2020

April 27, 2020

PACER
27

ORDER scheduling a telephonic status conference for 4/28/2020 at 2:00 PM before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 4/27/2020. (cc: counsel of record; any unrepresented party) (ts)

April 27, 2020

April 27, 2020

PACER
28

OPPOSITION by Women's Health Center of West Virginia to 18 MOTION by Kishore Challa, Bill Crouch, Patrick Morrisey, Catherine Slemp For A Scheduling Order. (Stark, Loree)

April 27, 2020

April 27, 2020

PACER
29

NOTICE OF SUPPLEMENTAL AUTHORITY by Women's Health Center of West Virginia in support of 1 EMERGENCY MOTION by Women's Health Center of West Virginia for a Temporary Restraining Order and Preliminary Injunction. (Stark, Loree) (Modified on 4/28/2020 to correct link) (kew).

April 27, 2020

April 27, 2020

PACER
30

MEMORANDUM OF LAW by West Virginia FREE, Incorporated in support of 19 MOTION by West Virginia FREE, Incorporated for Leave to Participate as Amicus Curiae and File a Brief in Support of Emergency Motion. (kew)

April 28, 2020

April 28, 2020

PACER

Notice Of Docket Correction

April 28, 2020

April 28, 2020

PACER
31

MEMORANDUM OF LAW by West Virginia FREE, Incorporated in support of 20 MOTION by West Virginia FREE, Incorporated for Leave to Participate as Amicus Curiae and File a Brief in Support of Emergency Motion. (kew)

April 28, 2020

April 28, 2020

PACER

NOTICE OF DOCKET CORRECTION re: 19 and 20 Motions for Leave to File. ERROR: Memoranda of law attached to motions. CORRECTION: Memoranda removed and filed at entry #30 and #31. (kew)

April 28, 2020

April 28, 2020

PACER
32

NOTICE of Executive Order 30-20 by Kishore Challa, Bill Crouch, Patrick Morrisey, Catherine Slemp (Attachments: # 1 Exhibit 1)(See, Lindsay)

1 Exhibit 1

View on PACER

April 28, 2020

April 28, 2020

PACER
33

ORDER The telephonic status conference currently scheduled for 4/28/2020 is CONTINUED GENERALLY. Signed by Judge Thomas E. Johnston on 4/28/2020. (cc: counsel of record; any unrepresented party) (ts)

April 28, 2020

April 28, 2020

PACER
34

Notice Of Voluntary Dismissal - Rule 41

May 6, 2020

May 6, 2020

PACER
35

Order Dismissing Case

May 7, 2020

May 7, 2020

PACER

Case Details

State / Territory: West Virginia

Case Type(s):

Public Benefits/Government Services

Reproductive Issues

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 24, 2020

Closing Date: May 7, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Women's Health Center of West Virginia - non-profit organization; the only outpatient healthcare facility in the state that performs abortions

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

West Virginia, State

West Virginia Department of Health and Human Resources, State

West Virginia Board of Medicine, State

Prosecuting Attorney for Kanawha County (Kanawha), County

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Abortion

Affected Gender:

Female

Medical/Mental Health:

Reproductive health care (including birth control, abortion, and others)

Type of Facility:

Non-government non-profit